Prospecting, Government definitions Options

[CP]

For those of you wondering exactly what "prospecting" would be defined as..............

Here is Colorado state gov's definition.

34-32-117 (2).
(12) "Prospecting" means the act of searching for or investigating a mineral deposit.
"Prospecting" includes, but is not limited to, sinking shafts, tunneling, drilling core and bore
holes and digging pits or cuts and other works for the purpose of extracting samples prior
to commencement of development or extraction operations, and the building of roads, access
ways, and other facilities related to such work. The term does not include those activities
which cause no or very little surface disturbance, such as airborne surveys and photographs,
use of instruments or devices which are hand carried or otherwise transported over the
surface to make magnetic, radioactive, or other tests and measurements, boundary or claim
surveying, location work, or other work which causes no greater land disturbance than is
caused by ordinary lawful use of the land by persons not prospecting. The term also does
not include any single activity which results in the disturbance of a single block of land
totaling one thousand six hundred square feet or less of the land's surface, not to exceed two such disturbances per acre; except that the cumulative total of such disturbances will not
exceed five acres statewide in any prospecting operation extending over twenty-four
consecutive months.

CP

This post has been edited by ColoradoProspector: Jan 4 2007, 05:41 PM

[russau]

Ok here is a question. If I'm dredging on my claim how much material can I move before the FS/BLM requires me to file a POO or NOI.

they cant require you to file at all! remember the 1866/1872 mining laws!know what it says for your own protection and to keep from help setting a precident!

[Scratch60]

they cant require you to file at all! remember the 1866/1872 mining laws!know what it says for your own protection and to keep from help setting a precident!

I just visited the Fairplay FS office. They were pleasant enough, but I got a handout that (at the bottom) says "Anything other than panning; i.e. any activities that might cause significant disturbance of surface resources, falls into another category and requires a notice of intent with the Forest Service." (emphasis there's)
Can I just quote the 1872 Mining Act and keep shoveling gravel in to my highbanker? Somehow don't think that will satisfy the Federales. Has anyone on this forum successfully argued the point with a ranger?
As for the BLM, apparently, all they have to do is declare an area:ie Cache Creek, as 'acquired land' and its magically innured from the Mining Act of 1872 (see the BLM Royal Gorge site).
I think it could be argued as a tenant of law that regulations do not trump laws. Regulations cannot be used to negate or as lawyers say "vacate" a law. It's an end run around laws that were meant to protect the rights of citizens with the intent of restricting those very rights. Laws derive their power from the Constitution, regulations derive their power from bureaucrats.
Sorry about the rant, but until I can get the facts through my thick head, I'll put off buying that highbanker/combo.